Gurugram: Human rights panel orders probe into alleged custodial torture

The suspect further alleged that he was taken to the CIA police station, where he was allegedly forced to pick one of 4 folded slips carrying the words “Death”, “Fracture”, “Bullet Injury” and “Reward Money”

The Haryana Human Rights Commission (HHRC) on Thursday took suo motu cognisance of allegations of custodial violence in Gurugram’s Sohna observing that “police custody cannot become a means of torture.”

The commission has fixed September 24, as the next date of hearing. (Representative file photo)

The panel also directed the Haryana director general of police (DGP) to have the matter investigated by an officer not below the rank of inspector general of police (IGP).

The commission’s action follows a judicial order passed on June 30 by Sohna judicial magistrate first class Mandeep Singh in connection with a first information report dated June 26, registered at Sadar police station, Sohna, under various provisions of the Bharatiya Nyaya Sanhita (BNS) and the Arms Act.

Justice Lalit Batra, chairperson of the Haryana Human Rights Commission, observed that if the allegations are found to be true through an independent inquiry, they would constitute “an alarming case of custodial violence, abuse of authority and a serious assault on the rule of law.”

“Merely because a person is accused of an offence does not deprive him of the constitutional guarantees available under law. Police custody may be a means of lawful interrogation, but it can never become a licence for torture, cruelty or inhuman treatment,” Justice Batra said in the commission’s order.

According to the judicial magistrate’s order, the suspect was not physically produced before the court after completion of police custody.

Police informed the court that while being taken for recovery proceedings, he allegedly attempted to escape and sustained injuries after falling from a flyover. However, during a video conference from the hospital, the suspect claimed that police officials had intentionally fractured his left leg while he was in custody and alleged that he had been threatened with dire consequences if he disclosed the truth before doctors or the court.

Given the gravity of the allegations, the magistrate personally visited the Civil Hospital, Gurugram, after court hours to record the suspect’s statement in the absence of the concerned police officials.

The suspect further alleged that he was taken to the CIA police station in Sohna, where he was allegedly forced to pick one of four folded slips carrying the words “Death”, “Fracture”, “Bullet Injury” and “Reward Money”. After he allegedly picked the slip marked “LL Fracture”, he claimed he was blindfolded, his leg placed between two bricks and struck with a blunt object, causing a fracture. He also alleged that police instructed him to falsely state that his injuries resulted from a fall from a bridge.

While noting that these allegations are yet to be established, the Commission said they were serious enough to warrant a fair and independent investigation.

The Commission directed the DGP to submit a comprehensive factual report, including the findings of the medical board, medico-legal records, X-rays, CT scan reports, treatment records, details of police officials involved in the accused’s custody, and any departmental or criminal proceedings initiated in the matter.

It also directed the Gurugram commissioner of police to ensure immediate preservation of all CCTV footage, lock-up recordings and digital evidence from CIA Police Station, Sohna, for June 29 and 30, stating that the footage must neither be erased nor overwritten and should be produced before the Commission. The chief medical officer has also been directed to submit the medical board’s report along with all diagnostic records.

The commission has fixed September 24, as the next date of hearing and said the matter will be placed before the Full Commission in view of the seriousness of the allegations and the need for an independent and impartial inquiry.